A driver was pulled over and tested for DUI. Their rate was a .09, which is above the minimum legal limit, but the driver was left “off the hook” after an arrest. How was this possible? It’s a story of managing time and understanding biology, and it is a story that can save a young driver.
Now, this situation may seem like a quick guilty verdict and a pretty convincing conviction. But, the BAC may not be as honest as it seemed. When the test was taken, the driver did have a .1. But, how can one be sure if the BAC level was that high when the driver was actually behind the wheel and driving? A criminal defense lawyer in Cambridge, MD will seek to find out.
The BAC will rise as alcohol is absorbed by the small intestines. It takes some time to get there, which is why someone may feel sober after two shots of whiskey until it hits them hard (real hard) about 30 minutes later. Alcohol has about a delay of 30 minutes to 90 minutes depending on the person. It is worth noting that this isn’t always the case. Drinking on an empty stomach will allow for more alcohol to be absorbed by the stomach. This is also the idea of it “going right to your head.”
This is not to say that a conviction will be overturned and the client may get off entirely. There may be some other consequences involved. However, with the help of a criminal defense lawyer in Cambridge, MD, the person could definitely have a chance of minimizing the charges. The website at OceanCityLawyer.com has more on the topic.
There is still a clear guilt in driving with an upcoming illegal BAC, but the driver had to be driving. In the strictest sense, the legal limit for driving with a .08 or above is a DUI. It results in an arrest. But, driving with a .05 or so which eventually rose to a .1 while being tested on the side of the road is a different matter. What would be a DUI is relegated to something like public drunkenness – or no charge at all.
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